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3 June 2016

USITC Notices

Preliminary Affirmative AD/CV Injury Determinations on Steel PlateThe USITC has issued preliminary affirmative injury determinations in its AD and CV investigations of certain carbon and alloy steel cut-to-length plate from mainland China. As a result, the DOC will continue its AD and CV duty investigations of imports of subject merchandise. The DOC is scheduled to issue its preliminary CV determination on 5 July and its preliminary AD determination on 15 September.

Scheduling of Expedited Sunset Reviews of AD Duty Orders on Alloy Magnesium and Cooking WareThe USITC has scheduled the expedited sunset reviews of the AD duty orders on alloy magnesium and porcelain-on-steel cooking ware from mainland China. The reviews will seek to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury to a domestic industry within a reasonably foreseeable time. The applicable staff report will be placed in the non-public record on 2 June and a public version will be issued thereafter. Comments and statements are due by 7 June and may not contain new factual information.

Section 337 Complaint Filed Against Composite Aerogel Insulation MaterialsThe USITC sought input from interested parties through 19 May on any public interest issues raised by a complaint alleging that the importation, sale for importation and sale within the United States after importation of certain composite aerogel insulation materials and methods for manufacturing the same from mainland China are violating Section 337 of the 1930 Tariff Act. Aerogel is a synthetic porous ultra-light material derived from a gel in which the liquid component of the gel has been replaced with a gas. The result is a solid with extremely low density and low thermal conductivity.

Comments were required to address whether the issuance of a general exclusion order and cease and desist orders, as well as the imposition of a bond during the 60-day presidential review period, would affect the public health and welfare in the United States, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. In particular, the USITC was interested in comments that:

explained how the articles potentially subject to the orders are used in the United States;

identified any public health, safety or welfare concerns in the United States relating to the potential orders;

identified like or directly competitive articles that the complainants, their licencees or third parties make in the United States that could replace the subject articles if they were to be excluded;

indicated whether the complainants, their licencees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

explained how the requested orders would impact U.S. consumers.

New Section 337 Investigation on Carbon and Alloy Steel ProductsThe USITC has initiated a Section 337 investigation of certain carbon and alloy steel products made in mainland China. The complaint names 33 mainland Chinese steel producers, three companies from Hong Kong and four U.S. companies. The complainant alleges that the respondents have engaged in (i) a conspiracy to fix prices and control output and export volumes in violation of Section 1 of the Sherman Act; (ii) the misappropriation and use of certain trade secrets; and (iii) the false designation of origin or manufacturer in violation of the Lanham Act. It is requesting the USITC to issue a general exclusion order, a limited exclusion order, and cease and desist orders.

New Section 337 Investigation on Self-Balancing VehiclesThe USITC has launched a Section 337 investigation of certain motorised self-balancing vehicles from Hong Kong and mainland China. The products at issue in this investigation are two-wheeled motorised vehicles that resemble stake boards. The complainants allege that the respondents are infringing a U.S. patent and have engaged in false advertising, misrepresentation and unfair competition. They are requesting the USITC to issue a general exclusion order (or alternatively a limited exclusion order) as well as cease and desist orders.

Limited Exclusion Order on Breathing Treatment Devices SuspendedThe USITC has suspended the limited exclusion order and the cease and desist orders in place on certain sleep-disordered breathing treatment devices and components thereof from mainland China pending the conclusion of an on-going remand proceeding.

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